In re Shohichi Hoshida

The marshal having made a return of inability to find the respondent after due and diligent search, the question arises as to the proper foundation for an order of publication of notice to the respondent to appear and answer this petition in involuntary bankruptcy.

Is the return of non est inventus alone sufficient? It is, according to the dictum of Judge Gresham in Forsyth v. Pierson, 9 Fed. 801, 803, that “the marshal’s return to a subpoena, that one or more of the defendants cannot be found within the district would, no doubt, authorize the court to enter such an order.”

But, for the reasons…